Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-08
THE McWHORTER CASE.
All the Evidence Jn-Argumenis to EeSiI
To-day.


Milton McWhorter was resumed at 1:30
P. NJ. in Department Two of the Superior
Court yesterday. The first business was
the recall of the defendant to the stand.
He testified that he had nothing TO do with
The sending Of copy of ms paper contain
ing charge against T. G. Robinson to
either The latter or his wife, and TO his
knowledge no person connected with his
office had done so.
The prose then called L. S. Cal
kins, one Of the publishers of the Nevada
Transcript who produced a copy of his
journal of June g. 1886. containing an ac-
count Of the burning of house of ill
fame in Nevada City, known as the
" Brown House" The article was read by
General Hart and offered in evidence. 1t
stated that the only inmates of the place at
the time OF he fire were a couple of wo-
men. Witness recollection was that his
paper regularly exchanged with the Marys.
vile Democrat.
On cross-examination witness said that
fire occurred near a house of ilf-fame in
Nevada City in January, 1856. Ii was re-
ported at that time that t. G. Robinson
was seen running out of the house of i'll
fame ct that time. Witness was satisfied
that at that time Mr.. Robinson was in
Nevada City.
On redirect examination, witness said
that the people of Nevada had not very
high admiration for Robinson or any of the
anti-debris agents. This prejudice grew
out of the character of most CT the men
sent there on that business. He did not
think anything severe had been said
against any Of them without foundation.
Recross: Some people there liked Robin
son F.; they thought be was good man for
the kind OF work he was engaged in. He
could not say as fact that he knew why
some people liked Mr. Robinson it was
only hearsay.
Judge S. Q. benson, being called by the
prosecution, testified to having known T.
q. Robinson, and that his reputation for
honesty and integrity was good. Witness
is one of the attorneys for Sacramento
county in its anti-debris litigation. The
deceased acted diligently in serving papers
in the Hobson suit So far as witness
knew, Robinson had nothing to do with
the American river mines except to serve
the papers referred to. G. L. Sexey had
nothing to do with that litigation, so far as
witness knew.
The defense called II. NJ. Myers, who was
q witness to the affray resulting in the
death of Robinson. Witness was the first
to try to separate the defendant and de-
ceased. A written statement was read to
him, and he was asked if he had made the
statement therein contained to Judge Grad
dock and c. Z. Wilcoxson. Witness said
he might have done SO, but could not say.
His statement was written down at The
time and read to him, but he could not re-
member whether or not he had said it was
correct.
On crosse examination witness said his
testimony given on the stand in this case
was true.
Mr. Johnson-In your statement to these
gentlemen did you deliberately lie?
Witness-In some things | did not and
in others may have done so.
The prosecution next called Daniel
O'Banion. Witness said he had been en-
ployed as an agent by the Supervisors of
Sutter county. Is acquainted with Sexey,
and knew 7. G. Robinson. The latter was
engaged in watching mines, and was wit
ness immediate superior. Witness was
employed about forty-three days, and
passed most of his time in the vicinity of
the Backbone mine, and to watch the
North Bloomfield. Robinson instructed
witness to be vigilant in watching the
mines; saw Robinson half a dozen times
never knew him to tell his subordinates TO
allow the mines to run was never permit
ted to enter the mine.
osS-examined: Was very little with
Robinson do not know what he may have
done, or have said to others only know
what his instructions to witness were.
a. S. Hopkins, called by t1e prosecution,
said the reputation of A. +. Lasllells when
he left the railroad employ, some eleven
years ago, was bad.
On cross-examination witness said he
could not say whom he had heard discuss
the reputation of Lashells. The latter had
owed witness money at several times, but
always paid him.
A J. Stevens was called and questioned
regarding Lashells general reputation for
honesty, integrity and truthfulness. Wit
ness said that ut the shops he did not think
it was good.
On cr, ,ss-examination witness said there
had been unpleasant personal relations be-
tween himself and Lashells.
S. H. Gerrish was called to testify in re-
gard to Lashells reputation. He said it
was bad.
On cross examination, he said his opin-
ion was based upon what men in the shops
had said.
S. Uren testified that Lashells' general
reputation was not good.
On cross-examination he said his opin-
ion was based on what he had heard
Similar testimony was given by b. Lucev,
Joseph Lang, Anthony Green. j. H. Cop
persmith G. A. Stoddard, E. |. Robinson
ard A. Nandemark.
S Harvey testified that he had never
heard Lashells' honesty questioned.
At half-past > o'clock the prosecution
closed its rebuttal testimony, and the de-
fense called Judge Cradduck to the stand
to establish the truth Of the written state
ment purporting to have been made to wit
ness and c. Z. WilcoxOn
\. Atkinson was recalled by the defense.
Witness heard conversation on Saturday
between Spencer and defendant New hOT-
ter. at the State House. Witness testified
that Spencer did saw that he told Robinson
the latter was not doing his duty in allow
ing the Quaker dill mine to run, and Rob-
inson thereup0n became angry and made
an effort as if to draw his pistol. and
Spencer told Robinson re was enough for
him. Robinson discharged Spencer after
that.
On crcss-examinatior, witness testified
to substantially the SAME facts as in his
direct testimony.
+. ]. Clark, of the State Controllers
office. was called by the defense to prove
that witness was present in McWhorter's
cell during the conversation between the
defendant and Z. a. Forbes, or the day
following the death Of Robinson. Witness
SAID he was present When gentlemen
came in who was introduced 10 witness as
the District Attorney of YGha. Witness
remained in the cell after the visitor left.
The defense here announced that two
Nevada county witnesses subpenaed on the
preceding day had faIled to appear.
The Court said that great latitude had
been allowed both sides and the case had
been very fully presented He did not feel
warranted in waiting until TO morrow for
further testimony.
In order TO save all legal points involved,
the defense was permitted TO file on affida-
Wit concerning the character of the testi-
mouy that was expected from the absent
Witnesses. and, thereupon, the case was
closed. so far as the testimony is concerned.
The arguments will begin at 10 o'clock
this morning, when Mr. Jones will open
for The prosecution. 1t is not as yet deter
mined whether or not the Court will per-
nit both attorneys for the defense 10 argue
the case. but General Hart will close for
the prosecution